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Non-obviousness In United States Patent Law
"Non-obviousness" is the term used in US patent law to describe one of the requirements that an invention must meet to qualify for patentability, codified i One of the main requirements of patentability in the U.S. is that the invention being patented is not obvious, meaning that a "person having ordinary skill in the art" (PHOSITA) would not know how to solve the problem at which the invention is directed by using exactly the same mechanism. Since the PHOSITA standard turned to be too ambiguous in practice, the U.S. Supreme Court provided later two more useful approaches which currently control the practical analysis of non-obviousness by patent examiners and courts: ''Graham et al. v. John Deere Co. of Kansas City et al.'', 383 U.S. 1 (1966) gives guidelines of what is "non-obvious", and ''KSR v. Teleflex'' (2006) gives guidelines of what is "obvious". Historical development Constitutionally, the non-obviousness requirement is established by Article 1, Section 8, Clause 8: "Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Funk Bros
Funk is a music genre that originated in African American communities in the mid-1960s when musicians created a rhythmic, danceable new form of music through a mixture of various music genres that were popular among African Americans in the mid-20th century. It de-emphasizes melody and chord progressions and focuses on a strong rhythmic groove of a bassline played by an electric bassist and a drum part played by a percussionist, often at slower tempos than other popular music. Funk typically consists of a complex percussive groove with rhythm instruments playing interlocking grooves that create a "hypnotic" and "danceable" feel. Funk uses the same richly colored extended chords found in bebop jazz, such as minor chords with added sevenths and elevenths, or dominant seventh chords with altered ninths and thirteenths. Funk originated in the mid-1960s, with James Brown's development of a signature groove that emphasized the downbeat—with a heavy emphasis on the first beat of eve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Christopher A
Christopher is the English version of a Europe-wide name derived from the Greek name Χριστόφορος (''Christophoros'' or '' Christoforos''). The constituent parts are Χριστός (''Christós''), "Christ" or "Anointed", and φέρειν (''phérein''), "to bear"; hence the "Christ-bearer". As a given name, 'Christopher' has been in use since the 10th century. In English, Christopher may be abbreviated as "Chris", "Topher", and sometimes " Kit". It was frequently the most popular male first name in the United Kingdom, having been in the top twenty in England and Wales from the 1940s until 1995, although it has since dropped out of the top 100. The name is most common in England and not so common in Wales, Scotland, or Ireland. People with the given name Antiquity and Middle Ages * Saint Christopher (died 251), saint venerated by Catholics and Orthodox Christians * Christopher (Domestic of the Schools) (fl. 870s), Byzantine general * Christopher Lekapenos (died 931) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
KSR V Teleflex
''KSR Int'l Co. v. Teleflex Inc.'', 550 U.S. 398 (2007), is a decision by the Supreme Court of the United States concerning the issue of obviousness as applied to patent claims.''KSR Int'l Co. v. Teleflex Inc.'', . Case history Teleflex sued KSR International, claiming that one of KSR's products infringed Teleflex's patent on connecting an adjustable vehicle control pedal to an electronic throttle control. KSR argued that the combination of the two elements was obvious, and the claim was therefore not patentable. The district court ruled in favor of KSR, but the Court of Appeals for the Federal Circuit reversed in January 2005. Oral arguments were heard by the Supreme Court on November 28, 2006. The petitioner, KSR, was represented by James W. Dabney and patent law academic John F. Duffy. Deputy solicitor general Thomas G. Hungar represented the government, which sided with the petitioner. Thomas C. Goldstein argued on behalf of the respondent, Teleflex. Decision On April 30 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
USPTO
The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that serves as the national patent office and trademark registration authority for the United States. The USPTO's headquarters are in Alexandria, Virginia, after a 2005 move from the Crystal City area of neighboring Arlington, Virginia. The USPTO is "unique among federal agencies because it operates solely on fees collected by its users, and not on taxpayer dollars". Its "operating structure is like a business in that it receives requests for services—applications for patents and trademark registrations—and charges fees projected to cover the cost of performing the services tprovide . The Office is headed by the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, a position last held by Andrei Iancu until he left office on January 20, 2021. Commissioner of Patents Drew Hirshfeld is performing the funct ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hindsight Bias
Hindsight bias, also known as the knew-it-all-along phenomenon or creeping determinism, is the common tendency for people to perceive past events as having been more predictable than they actually were. People often believe that after an event has occurred, they would have predicted or perhaps even would have known with a high degree of certainty what the outcome of the event would have been before the event occurred. Hindsight bias may cause distortions of memories of what was known or believed before an event occurred, and is a significant source of overconfidence regarding an individual's ability to predict the outcomes of future events. Examples of hindsight bias can be seen in the writings of historians describing outcomes of battles, physicians recalling clinical trials, and in judicial systems as individuals attribute responsibility on the basis of the supposed predictability of accidents. History The hindsight bias, although it was not yet named, was not a new concept w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Federal Circuit
The United States Court of Appeals for the Federal Circuit (in case citations, Fed. Cir. or C.A.F.C.) is a United States court of appeals that has special appellate jurisdiction over certain types of specialized cases in the Federal judiciary of the United States, U.S. federal court system. It has exclusive appellate jurisdiction over all U.S. federal cases involving patents, trademarks, government procurement, government contracts, veterans' benefits, public safety officers' benefits, federal employees' benefits, and various other categories. Unlike other federal courts, the Federal Circuit has no jurisdiction over cases involving Federal crime in the United States, criminal, Bankruptcy in the United States, bankruptcy, Immigration to the United States, immigration, or State law (United States), U.S. state law. Headquartered in Washington, D.C., the Federal Circuit was created in 1982 with passage of the Federal Courts Improvement Act, which merged the United States Court of Cus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Act Of 1952
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private law and the patent holder mus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Doctrine Of Equivalents
The doctrine of equivalents is a legal rule in many (but not all) of the world's patent systems that allows a court to hold a party liable for patent infringement even though the infringing device or process does not fall within the literal scope of a patent claim, but nevertheless is equivalent to the claimed invention. U.S. Judge Learned Hand has described its purpose as being "to temper unsparing logic and prevent an infringer from stealing the benefit of the invention". Standards for determining equivalents Germany German courts typically apply a three-step test known as Schneidmesser's questions. These questions are: #Does the variant solve the problem underlying the invention with means that objectively have the same effect? #Would the person skilled in the art, using the common general knowledge, have realised at the priority date that the variant has the same effect? #Are the considerations which the skilled person takes into account for the variant in the light of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Graver Tank & Manufacturing Co
{{Disambiguation ...
Graver may refer to: * Burin (engraving) (French ''burin'', "cold chisel"), a tool used in the art of engravery * Graver (surname), an older English name, still common * Graver basis * a neologism derived from "goth" and "raver", primarily used as an alternative term for Cybergoth Cybergoth is a subculture that derives from elements of goth, raver, rivethead and cyberpunk fashion. Opinion differs as to whether cybergoth has the requisite complexity to constitute a subculture, with some commentators suggesting that it is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stephen Breyer
Stephen Gerald Breyer ( ; born August 15, 1938) is a retired American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1994 until his retirement in 2022. He was nominated by President Bill Clinton, and replaced retiring justice Harry Blackmun. Ketanji Brown Jackson, who was nominated by President Joe Biden, was his designated successor. Breyer was generally associated with the liberal wing of the Court. He is now the Byrne Professor of Administrative Law and Process at Harvard Law School. Born in San Francisco, Breyer attended Stanford University, the University of Oxford as a Marshall Scholar, and graduated from Harvard Law School in 1964. After a clerkship with Associate Justice Arthur Goldberg in 1964–65, Breyer was a law professor and lecturer at Harvard Law School from 1967 until 1980. He specialized in administrative law, writing textbooks that remain in use today. He held other prominent positions before being nominated to the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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